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Discussion Starter · #1 ·
What do you guys think ?
Is this helpful ?
:?:
12/02/2003 11:55:30 EST

John Locher/AP Photo


Court Gives Police Victory in Waiting Time
By GINA HOLLAND
Associated Press Writer


In a victory for law officers, the Supreme Court ruled unanimously
Tuesday that
it was constitutional for police to wait 20 seconds before knocking
down the door
of a drug suspect.


LaShawn Banks was taking a shower when masked and heavily armed
officers broke
into his Las Vegas apartment in 1998 looking for drugs.


His case gave the court the opportunity to clarify how long police
must wait
before breaking into a home to serve a warrant. The court ruled 9-0
that a 20
second delay was ample, because any longer would give drug suspects
time to flush
evidence down the toilet.


The justices refused, however, to spell out exactly how long is
reasonable in
executing warrants for drugs or other contraband.


Officers knocked and announced themselves at Banks' apartment, then
waited 15
seconds to 20 seconds before using a battering ram to break down the
door.


Justice David H. Souter, writing for the court, said that because
police believed
there were drugs inside, officers had more reason to rush.


"Police seeking a stolen piano may be able to spend more time to make
sure they
really need the battering ram," Souter wrote.


He said while "this call is a close one, we think that after 15 or 20
seconds
without a response, police could fairly suspect that cocaine would be
gone if
they were reticent any longer."


Smart drug dealers, he said, would keep their contraband near a
commode or sink.


The Supreme Court has said that in most cases officers are required to
knock and
announce themselves, under the Constitution's Fourth Amendment ban on
unreasonable searches.


In Tuesday's ruling, Souter said that generally courts have considered
whether
police moved too hastily "case by case, largely avoiding categories
and protocols
for searches."


The Las Vegas police and federal officers found 11 ounces of crack
cocaine and
three guns during the raid. Banks served four years of an 11-year
prison sentence
before his conviction was overturned.


Justices reversed the 9th U.S. Circuit Court of Appeals ruling in
Banks' favor.


The appeals court had said that officers should wait "a significant
amount of
time" before making a nonforced entry, and a "more substantial amount
of time"
between knock and entry if property would be destroyed.


Souter said that the appeals court was wrong to set up a multipart
scheme for
reviewing knock-and-announce cases.


The case is United States v. Banks, 02-473.
 

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Zombie Hunter
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4,815 Posts
Why don't we just slip our card under the door before serving a warrant? Or, better yet, why not call the suspect an hour before we show up? 20 seconds seems like a large window of opportunity....
 

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Killjoy275 said:
Why don't we just slip our card under the door before serving a warrant? Or, better yet, why not call the suspect an hour before we show up? 20 seconds seems like a large window of opportunity....
After the warrant is served, we should ask them to fill out a survey and see if they were happy with our service...it should look something like this:

Commonwealth's Warrant Survey

Please circle the number that corresponds with your feelings.
1=Happy 2=Not Happy

1. With police officers tone of voice when entering? 1 2

2. With the OIC who tipped you off in advance? 1 2

3. In regards to Police Officer's uniform? 1 2

4. The brand of coffee we brought for you? 1 2

Next is a fill in the blank section. This is so in the future if we need to serve you another warrant, we can make it a wonderful experience.

1. When at the door would you like us to ring, knock, tap or solve a riddle?__________________________________________________

2. When in the house, you would like us to address you as who?
___________________________________________________

3. Once we are in the house, where should we put our shoes?
___________________________________________________

4. How do you like your coffee?
___________________________________________________

5. Do you have a video camera or should we bring one?
___________________________________________________

6. When destroying narcotics, how much time do you need to complete it?
__________________________________________________

The Commonwealth along with the department who served the warrant would like to thank you for completing this survey and as a gesture of good faith next time we will be unarmed.
 

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SHAWNR76,

That's a good one, maybe you should make some of those up and give them out to some of the SWAT teams to try out, and see how the [email protected] BAGS like them. I'm suprised Romney doesnt have us using something like that yet.
 

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160 Posts
Come on guys...lets make it more convenient for them. Lets call and schedule a time satisfactory for both us and the suspect, as I'm sure they would never destroy evidence, nor would they plot to hurt officers serving a warrant. :roll:
 

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Retired Fed, Active Special
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8,693 Posts
Burner1 said:
As I have stated before, no one in any legal capacity, takes the 9th seriously...
They should be retired or sent to Mars to see if the atmosphere is breathable!
:twisted:
 

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397 Posts
I saw this survey on another "Officer" forum:


Prisoner/Arrestee Survey

In order to provide you, the customer, with the best possible service, we ask that you take a few minutes to complete this easy survey..

1. During your arrest, were you advised of your rights in a timely manner?
__________Yes ___ No___ What rights?___
2. If your attitude at the time of arrest required the use of force, how would you rate the application of said force?
__________Too much___ Not enough___ Just right___
3. If an arrest warrant was used during your arrest, what type was it?
__________Consentual___ Court ordered___ Police ordered___
4. When you were handcuffed, how would you rate their use?
__________Too tight___ Not tight enough___ Too loose___ Not loose enough___ Just
right___
5. For what crime were you arrested?
__________Homocide___ Rape___ Robbery___ DWI___ Stupid in public___ Highway
Mopery___ Other ___
6. During your arrest, was the officer's commentary, directed at you, politically correct?
__________Yes___ No___
7. During your ride to jail, how many times did the officer's driving habits cause your face to impact with the "silent partner"?
__________Once___ Twice___ Three times___ I can't remember___
8. Once you arrived at our jail, how were you removed from the vehicle?
__________Through the car door___ Through the trunk___ From the trunk___
__________Through the wing window___ Off the bumper___
9. Have you taken advantage of our department's free attitude adjustment program?
__________Yes___ No___ Not yet___
10. How would you rate the food at our jail, in comparison with food at other jails you have visited?
__________Excellent___ Good___ Fair___ Poor___ Bad___ What food?___
11. Would you recommend being arrested by our department to your fellow felons?
____________Yes___ No___
12. Were you offered an opportunity to confess to the crime you were arrested for?
__________Yes___ No___
13. Were you offered an opportunity to confess to the crime you were not arrested for?
__________Yes___ No___
14. Our department is offering a "Time Saver Program", whereby you can sign all forms ahead of time, and we will fill in the blanks later. Would you be interested in such a program?
__________Yes___ No___ Does "X" count as a signature?___
15. Do you read and write in English?
__________Yes___ Yes(if not speaking to law enforcement personel)____ No____

Thank you for your participation, we hope that we can serve you better in the near future!
Have a nice day !
 
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